From The Health and Safety Executive Website
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) Change – 6 April 2012
From 6 April 2012, subject to Parliamentary approval, RIDDOR’s over three day injury reporting requirement will change.
From then the trigger point will increase from over three days’ to over seven days’ incapacitation (not counting the day on which the accident happened). Incapacitation means that the worker is absent or is unable to do work that they would reasonably be expected to do as part of their normal work.
Employers and others with responsibilities under RIDDOR must still keep a record of all over three day injuries – if the employer has to keep an accident book, then this record will be enough.
The deadline by which the over seven day injury must be reported will increase to 15 days from the day of the accident.
New guidance that explains the change is available to download from the HSE website.
So the RIDDOR regulations are about to change – businesses will no longer have to report injuries that result in more than three days incapacity.
Reporting will now only be a requirement after seven days. I suppose some organisations will breathe a sigh of relief that they will have less paperwork to complete; a welcome reduction in regulatory bureaucracy. For others the relief will be not to have to draw the attention of the HSE to possible shortcomings in their safety performance and put themselves under the spotlight of the regulator. The number of invitations, to ‘come and visit us’, they send to the HSE will decrease. However as over seven days’ absence usually involves a more serious accident, and there will be fewer accidents for inspectors to investigate, all other things being equal, the chance of regulatory interventions may increase.
I do appreciate that some over three day absences are contentious and reporting them may not be useful. That some are the consequence of an employee taking the opportunity of a few days rest or diversion rather than an accurate reflection of the seriousness of the injury. Over the years I have also seen the punitive way in which some organisations adversely treat the unfortunate manager whose staff member has had the accident that results in the completion of the F2508. However, my personal perspective is that this change sends the wrong message. I consider that the less conscientious employer will interpret this change of regulation as the government saying that an accident that does not result in a seven day absence it is not serious. That they will now view such instances as a minor inconvenience and the consequence could well be to down play the investigation and requirement for corrective actions to prevent a reoccurrence. The requirement simply to record over three day accidents in the accident book only reinforces minimal investigation.
The requirement for reporting over three day absences (or the inability to carry out normal work) has the potential benefit of highlighting a business’s accident trends to the HSE. This provides the vigilant inspector with the opportunity to intervene before the incidents result in more serious outcomes. It also provides evidence to substantiate poor performance to support the need to take further action or prosecute.
My point is this; does this change to the regulations sent the right message? I think not. Many employers have made real improvements to their management of safety. Like it or like it not, one driver (among many) has been the requirement to reduce the number of RIDDORS but this change clearly reduces the potency of this measure. Whilst the change may reflect the reality of HSE’s reduced ability to monitor and respond to these reports it appears to let some organisations off the hook and to undervalue the determination of others to drive an improvement in preventing injuries.
What do you think? Have your say on the Hastam blog.
Mike Vyvyan
Chief Executive Hastam